The current trademark law in Iraq is primarily based on the *Trademark and Commercial Signs Law*, revised on June 7, 2010. Trademark protection is obtained through registration. In Iraq, intellectual property protection is managed by different government departments. Patent applications and trademark registrations fall under the jurisdiction of the Ministry of Industry and Minerals, while industrial design registrations are overseen by the National Standards and Quality Control Department under the Ministry of Planning.

Iraq is a member of the Paris Convention for the Protection of Industrial Property and the WIPO Convention but has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the “single-country registration” method.

Trademark Application

The Iraqi Trademark Office uses the Nice Classification for goods and services description. However, items in Class 33, alcohol-related goods in Class 32, and pork products in Class 29 cannot be registered. Multi-class applications are accepted. Elements that can be registered as trademarks include words, names, graphics, three-dimensional signs, color combinations, slogans, and appearances.

Non-resident applicants must appoint a local agent to handle the application. The basic materials required for trademark registration in Iraq are:

• A sample of the trademark;
• Specific goods/services;
• Applicant’s name and address;
• Notarized power of attorney;
• Priority claim documents along with their Arabic translations, if applicable.

The main process for registering a trademark in Iraq includes: Application → Examination → Publication → Approval → Certification. Applications are usually accepted within one week of submission. The Iraqi Trademark Office conducts both formal and substantive examinations. If the application fails the examination, a rejection notice is issued, requiring the applicant to respond within the specified time. Approved applications proceed to publication, with a 90-day opposition period starting from the publication date. Grounds for opposition include:

• Conflict with prior trademarks, such as an existing registered trademark;
• Descriptive nature of the trademark;
• Lack of distinctiveness;
• Negative influence of the trademark;
• Well-known trademarks;
• Bad faith registration;
• Conflict with prior rights, such as trade names, industrial designs, copyrights, personal names, etc.;
• Generic terms;
• Geographical indications;
• Unauthorized use of symbols;
• Violation of public order or morality.

If no opposition is filed during the publication period or if the opposition is dismissed, the trademark will be approved for registration. Under normal circumstances, the trademark registration process in Iraq takes approximately two years. If opposition or rejection occurs, the timeline may be extended.

Trademark Maintenance

For trademarks registered before April 26, 2004, the validity period is 15 years from the application date, but the renewal period remains 10 years. For trademarks registered after April 26, 2004, the validity period is 10 years from the application date. Renewal can be processed within one year prior to expiration, with a grace period of six months. Each renewal extends the validity by 10 years.

Applications for invalidation or cancellation of a trademark can generally be filed based on the following grounds:

• Violation of the provisions of the trademark law;
• Non-use of the trademark in Iraq for three consecutive years, unless due to force majeure.

Cancellation or invalidation requests must be submitted to the court. Under current review conditions, the process typically takes 2–3 years. To counter a cancellation request based on “non-use,” the respondent may provide evidence such as:

• Invoices
• Advertisements
• Packaging and decoration
• Product catalogs
• Labels
• Written statements
• Sales figures
• Quotations
• Market survey results

Other Information

When transferring ownership of an Iraqi trademark, the transfer agreement and the assignee’s power of attorney must be notarized and certified.

Israeli citizens and Israeli companies are prohibited from registering trademarks in Iraq.